What was the outcome of Tenancy Tribunal case 5231111?

The tribunal order states: Melisa Vili and Tapunuu Ane Pereira must pay Gralin Property Management

How much money was awarded in case 5231111?

Advertising Costs: $87.50 awarded to landlord; Cleaning: $2,242.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,390.00 awarded to landlord; Rubbish Removal: $2,035.00 awarded to landlord; Water Rates: $70.94 awarded to landlord

What type of tenancy dispute was case 5231111?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5231111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12396237-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5231111?

The tribunal order states: Melisa Vili and Tapunuu Ane Pereira must pay Gralin Property Management

How much money was awarded in case 5231111?

Advertising Costs: $87.50 awarded to landlord; Cleaning: $2,242.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,390.00 awarded to landlord; Rubbish Removal: $2,035.00 awarded to landlord; Water Rates: $70.94 awarded to landlord

What type of tenancy dispute was case 5231111?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5231111?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12396237-Tenancy_Tribunal_Order.pdf.

48 Jarman Road, Mount Wellington, Auckland 1060 Tenancy Tribunal Case 5231111 — Cleanliness

Claims and awards in Tenancy Tribunal application 5231111 — net $3,332.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,390.00	Rent arrears
Water rates	$70.94	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$2,035.00	Rubbish removal
Advertising costs	$87.50	Advertising costs
Cleaning: carpets/curtains/lawns/bulbs	$2,242.50	Cleaning: carpets/curtains/lawns/bulbs
Net award	$3,332.94
Total payable by Tenant to Landlord	$3,332.94

Order

Melisa Vili and Tapunuu Ane Pereira must pay Gralin Property Management (Auckland Central) Limited as Agent for Jl & Sc Trustee Limited $3,332.94 immediately, being rent arrears to 28 February 2025, water bills, damages, cleaning, and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$1,390.00 Water rates$70.94 Filing fee reimbursement$27.00 Rubbish removal$2,035.00 Advertising costs$87.50 Cleaning: carpets/curtains/lawns/bulbs$2,242.50 Total award$5,852.94 Minus Bond-$2,520.00 Total payable by Tenant to Landlord$3,332.94
The Bond Centre is to pay the bond of $2,520.00 (6223575-008) to Gralin Property Management (Auckland Central) Limited as Agent for Jl & Sc Trustee Limited immediately.

Reasons

The landlord attended the hearing, the tenants did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 28 February 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The rent arrears were $1390.00, and the water bills were $70.94 at the end of the tenancy.
I am satisfied that the landlord has proven their claim for the rent arrears and water bills.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii) -(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with a pre let inspection report and photos and an exit inspection report and photos. In addition, there were invoices for the cost of the work required to clean the property, do lawns, weeding, carpet cleaning, and rubbish removal. The total cost sought in compensation is $2035.00 in rubbish removal, $575.00 in cleaning, $287.50 in carpet cleaning, $230.00 for lawn mowing and spray weed killer.
The landlord had to replace 14 light bulbs, which cost $299.00 and clean and/or replace 8 curtains at the cost of $460.00.
The landlord has provided detailed photos which highlight the poor condition of the property at the end of the tenancy. The landlord stated that the property was in excellent condition at the start of the tenancy.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A) (a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B (1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: -3 internal doors and 3 windowsills were heavily scratched. -Door frames were significantly damaged. -Walls had multiple nail holes and damaged areas. -Toilet seat was broken.
The landlord provided a detailed invoice with the scope of work that was carried out, set out in it. In addition, the landlord provided photos and an exit inspection that detailed the damage to the property during the tenancy.
The remedial work required to be carried out was sanding and repairing all damaged surfaces, applying putty and repainting the areas and replacing the toilet seat. The cost of the remedial work was $391.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Bond/filing fee/advertising costs:
The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlord.
Because Gralin Property Management (Auckland Central) Limited as Agent for Jl & Sc Trustee Limited has wholly succeeded with the claim I must reimburse the filing fee.
The tenants advised the landlord on 19 November 2024 that they were vacating the property on 31 December 2024. The tenants advised the landlord on 13 December 2024 that they needed an extension until 28 February 2025. The landlord had already paid $287.50 in advertising costs to obtain new tenants. The tenants agreed to pay the advertising cost incurred by the landlord.
The landlord has provided the invoice costs for the advertising.
I am satisfied that the landlord has proven their claim for the advertising costs.

Claims and awards in Tenancy Tribunal application 5231111 — net $3,332.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,390.00	Rent arrears
Water rates	$70.94	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$2,035.00	Rubbish removal
Advertising costs	$87.50	Advertising costs
Cleaning: carpets/curtains/lawns/bulbs	$2,242.50	Cleaning: carpets/curtains/lawns/bulbs
Net award	$3,332.94
Total payable by Tenant to Landlord	$3,332.94

Order

Melisa Vili and Tapunuu Ane Pereira must pay Gralin Property Management (Auckland Central) Limited as Agent for Jl & Sc Trustee Limited $3,332.94 immediately, being rent arrears to 28 February 2025, water bills, damages, cleaning, and reimbursement of the filing fee, as calculated and set out below: DescriptionLandlord Rent arrears$1,390.00 Water rates$70.94 Filing fee reimbursement$27.00 Rubbish removal$2,035.00 Advertising costs$87.50 Cleaning: carpets/curtains/lawns/bulbs$2,242.50 Total award$5,852.94 Minus Bond-$2,520.00 Total payable by Tenant to Landlord$3,332.94
The Bond Centre is to pay the bond of $2,520.00 (6223575-008) to Gralin Property Management (Auckland Central) Limited as Agent for Jl & Sc Trustee Limited immediately.

Reasons

The landlord attended the hearing, the tenants did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 28 February 2025. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The rent arrears were $1390.00, and the water bills were $70.94 at the end of the tenancy.
I am satisfied that the landlord has proven their claim for the rent arrears and water bills.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii) -(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided the Tribunal with a pre let inspection report and photos and an exit inspection report and photos. In addition, there were invoices for the cost of the work required to clean the property, do lawns, weeding, carpet cleaning, and rubbish removal. The total cost sought in compensation is $2035.00 in rubbish removal, $575.00 in cleaning, $287.50 in carpet cleaning, $230.00 for lawn mowing and spray weed killer.
The landlord had to replace 14 light bulbs, which cost $299.00 and clean and/or replace 8 curtains at the cost of $460.00.
The landlord has provided detailed photos which highlight the poor condition of the property at the end of the tenancy. The landlord stated that the property was in excellent condition at the start of the tenancy.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A) (a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B (1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: -3 internal doors and 3 windowsills were heavily scratched. -Door frames were significantly damaged. -Walls had multiple nail holes and damaged areas. -Toilet seat was broken.
The landlord provided a detailed invoice with the scope of work that was carried out, set out in it. In addition, the landlord provided photos and an exit inspection that detailed the damage to the property during the tenancy.
The remedial work required to be carried out was sanding and repairing all damaged surfaces, applying putty and repainting the areas and replacing the toilet seat. The cost of the remedial work was $391.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Bond/filing fee/advertising costs:
The Bond Centre is to refund the bond to the landlord immediately to offset the debt owed by the tenants to the landlord.
Because Gralin Property Management (Auckland Central) Limited as Agent for Jl & Sc Trustee Limited has wholly succeeded with the claim I must reimburse the filing fee.
The tenants advised the landlord on 19 November 2024 that they were vacating the property on 31 December 2024. The tenants advised the landlord on 13 December 2024 that they needed an extension until 28 February 2025. The landlord had already paid $287.50 in advertising costs to obtain new tenants. The tenants agreed to pay the advertising cost incurred by the landlord.
The landlord has provided the invoice costs for the advertising.
I am satisfied that the landlord has proven their claim for the advertising costs.

Tenancy Tribunal case 5231111 — Cleanliness at 48 Jarman Road, Mount Wellington, Auckland 1060

At a glance

Tenancy Tribunal case 5231111 — Cleanliness at 48 Jarman Road, Mount Wellington, Auckland 1060

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions